In Appeal, Orlando Police Defend Arrests Of Mom And Son In 1998

DAYTONA BEACH -- A lawyer for the Orlando Police Department argued Wednesday that the courts should toss out a $100,000 award to a family who sued the agency for false arrests.

Arguing before the 5th District Court of Appeal, Walter A. Ketcham argued the case shouldn't have gone to trial in Orange Circuit Court because of a federal magistrate's earlier ruling, which indicated police had reason to arrest the woman and her son in August 1998. In addition, Ketcham said racial issues were unfairly brought into the trial, prejudicing the jury. Further, he said the jury's verdicts were inconsistent.

"We always think it's important to appeal when we think our police officers acted correctly," Ketcham said after the oral arguments.

But lawyer Jon Gutmacher, representing Betty Skinner and her son Ernest Southall, argued that the case was appropriately tried in state court. He thought that his arguments resonated with the three appellate judges.

"From a legal standpoint, the judges pretty much made it clear they did not feel the city's argument held any water," Gutmacher said. His assessment was based on questions from the judges.

On Aug. 26, 1998, Skinner and Southall, then 18, had gone to Skinner's mother's house in Carver Shores, according to court documents and testimony.

Southall was outside talking to friends when the Police Department's drug unit arrived and asked him questions about his car. The 1985 Oldsmobile was parked in the wrong direction on the street with its left wheels to the curb.

Soon, another officer asked him to show his license and registration. Southall put his hands up and got out of the car. He did that on his own without being asked.

When the officers asked for the license again, Southall said he "politely dropped it" on the ground. But police officers testified that Southall teased them by pulling the license away as they grabbed for it, playing a "cat and mouse" game.

When the license hit the ground, officers pounced on Southall and tackled him to the street. He was arrested on a resisting-arrest charge.

When Skinner saw the altercation, she screamed, "Why, why, why you doing my child like this? He don't sell drugs."

One of the officers said Skinner struck him, resulting in her arrest. She was charged with battery on a law enforcement officer, a felony.

Eventually, Skinner's adult brother and her 11-year-old daughter also were arrested after they questioned the police officers' actions.

The police drug unit never found any drugs. All charges against Skinner and her family were soon dropped.

In November 2002, the Orange County jury found the department liable for false arrest, but it cleared the individual officer named in the lawsuit, David Haddock, of malicious prosecution.

In his arguments Wednesday, Ketcham said the verdicts were inconsistent. It may take two to four months for the appellate court to rule on the appeal.

On Thursday, Skinner said the incident still bothers her and her family.